49.143(1)(am)1.1. The department shall contract with a county under
s. 46.215,
46.22 or
46.23 or with a tribal governing body to administer Wisconsin works in that county or within the boundaries of that reservation if the county or tribal governing body has met the aid to families with dependent children caseload performance standards established by the department. The contract shall be awarded before the date that Wisconsin works is implemented in that county or on that reservation and shall be for a term of at least 2 years beginning on the date on which the department implements Wisconsin works in that county or reservation. When the contract expires, a county or tribal governing body may apply for a new contract under the competitive process established under
par. (a). A county or tribal governing body may elect not to enter into a contract under this subdivision if the county or tribal governing body informs the department by the date established by the department that the county or tribal governing body has made that election.
49.143(1)(am)2.
2. A county or tribal governing body that has not met the aid to families with dependent children caseload performance standards established by the department may apply for a contract under the competitive process established under
par. (a).
49.143(1)(at)
(at) A county that is awarded a contract under
par. (am) 1. to administer Wisconsin works shall offer a subcontract for the administration of
s. 49.147 to the public or private agency, if different from the county department under
s. 46.215,
46.22 or
46.23, that administers the job opportunities and basic skills program under
s. 49.193 in that county. A contract entered into under this paragraph is subject to approval by the department.
49.143(1)(ay)
(ay) A county or tribal governing body that enters into a contract under
par. (a) or
(am) 1. but elects not to compete for a subsequent contract under
par. (a) shall provide the notice required under this paragraph at least 6 months prior to the expiration of its contract under
par. (a) or
(am) 1. A county or tribal governing body that elects not to enter into a contract under
par. (am) 1. or to compete for a contract under
par. (am) 2. shall provide the notice required under this paragraph by the date established by the department, by rule, under
par. (am) 1. The notice shall be provided to all employes of the county or tribal governing body who may be laid off as a result of the county's or tribal governing body's election not to enter into or compete for a contract and to the certified or recognized collective bargaining representatives of such employes, if any. The notice shall inform the employes and the representatives that the county or tribal governing body is making the election not to enter into or compete for a contract; that the employes may be laid off as a result of that election; that the employes may wish to consider forming a private agency to bid on the contract under
par. (a); that the employes may obtain information from the department on the competitive process under
par. (a) and the contract requirements under this section; and that the employes may obtain information from the department on steps that the employes might take to organize themselves to form a private agency for the purposes of competing for a contract under
par. (a). The department shall provide the information specified in this paragraph upon the request of any employe or collective bargaining representative described in this paragraph.
49.143(1)(b)
(b) If no acceptable provider in a geographical area is selected under
par. (a) or
(am), the department shall administer Wisconsin works in that geographical area.
49.143 Note
NOTE: 1995 Wis. Act 216 amended par. (a) and created par. (av), but contained the following reconciliation provision at section 9162 (2t). Act 216 was passed by the legislature in the form of assembly substitute amendment 3, but was not enacted in that form due to the governor's partial vetoes. Pars. (a) and (av) as affected by
1995 Wis. Act 216 are set forth below.
49.143 Note
(2t) Reconciliation; Wisconsin works.
49.143 Note
(a) If 1995 Wisconsin Act .... (Assembly Bill 591) is not enacted into law or is enacted into law in a form other than that of assembly substitute amendment 3, the treatment of section 49.143 (1) (a) and (av) of the statutes by this act and section 9462 (3t) of this act are void.
Effective date text
49.143 (1) (a) Except as provided in pars. (am) and (av), the department may award a contract, on the basis of a competitive process approved by the secretary of administration, to any person to administer Wisconsin works in a geographical area determined by the department under sub. (6). The department shall award contracts under this paragraph at least 6 months before the date that is specified in s. 49.141 (2) (d).
49.143 Note
(av) 1. In a county having a population of 500,000 or more the department shall, prior to awarding a contract to administer Wisconsin works in that county, work with the county for a period not to exceed 6 months to establish a plan for the first 2 years of administration of Wisconsin works in that county. The plan shall establish the methodology for conducting a competitive bidding process to award a contract to administer Wisconsin works in that county. The plan shall identify an administrator to oversee the administrative structure of Wisconsin works in that county and to oversee the Wisconsin works agencies in that county. In establishing a selection process for Wisconsin works agencies in the county, if the county has met the aid to families with dependent children caseload performance standards established by the department under par. (am), the plan shall, to the extent practicable, give preference to agencies that administer the job opportunities and basic skills program under s. 49.193 in that county.
49.143 Note
a. If a plan is approved by the department and the county, the department shall award a contract to administer Wisconsin works in that county in accordance with the plan. The plan shall remain in effect for 2 years.
49.143 Note
b. If a plan is not approved by the department or the county, the department shall award a contract to administer Wisconsin works in accordance with par. (a) or (am), whichever is applicable.
49.143(2)
(2) Contract requirements. Each contract under
sub. (1) shall contain performance-based incentives established by the department. The contract shall require a Wisconsin works agency to do all of the following:
49.143(2)(a)
(a) Establish a community steering committee within 60 days after the date on which the contract is awarded. The Wisconsin works agency shall recommend the members of the committee to the chief executive officer of each county served by the Wisconsin works agency. The chief executive officer of each county shall appoint the members of the committee. The number of members that each chief executive officer appoints to the committee shall be in proportion to the population of that officer's county relative to the population of each other county served by the Wisconsin works agency, except that the chief executive officer of a county that is not a Wisconsin works agency shall appoint the director of the county department under
s. 46.215,
46.22 or
46.23, or his or her designee, and one other representative of the county department under
s. 46.215,
46.22 or
46.23. The committee shall consist of at least 12 members, but not more than 15 members. The members of the committee shall appoint a chairperson who shall be a person who represents business interests. The committee shall do all of the following:
49.143(2)(a)1.
1. Advise the Wisconsin works agency concerning employment and training activities.
49.143(2)(a)2.
2. Identify and encourage employers to provide permanent jobs for persons who are eligible for trial jobs or community service jobs.
49.143(2)(a)3.
3. Create, and encourage others to create, subsidized jobs for persons who are eligible for trial jobs or community service jobs.
49.143(2)(a)4.
4. Create, and encourage others to create, on-the-job training sites for persons who are eligible for trial jobs or community service jobs.
49.143(2)(a)5.
5. Foster and guide the entrepreneurial efforts of participants who are eligible for trial jobs or community service jobs.
49.143(2)(a)6.
6. Provide mentors, both from its membership and from recruitment of members of the community, to provide job-related guidance, including assistance in resolving job-related issues and the provision of job leads or references, to persons who are eligible for trial jobs or community service jobs.
49.143(2)(a)7.
7. Coordinate with the governor's council on workforce excellence under
s. 106.115 to ensure compatibility of purpose and no duplication of effort.
49.143(2)(a)8.
8. Work with participants, employers, child care providers and the community to identify child care needs, improve access to child care and expand availability of child care.
49.143(2)(a)10.
10. Identify motivational training programs, including programs that enhance parenting skills.
49.143(2)(b)
(b) Establish a children's services network. The children's services network shall provide information about community resources available to the dependent children in a Wisconsin works group, including charitable food and clothing centers; subsidized and low-income housing; transportation subsidies; the state supplemental food program for women, infants and children under
s. 253.06; and child care programs. In a county having a population of 500,000 or more, a children's services network shall, in addition, provide a forum for those persons who are interested in the delivery of child welfare services and other services to children and families in the geographical area under
sub. (6) served by that children's services network to communicate with and make recommendations to the providers of those services in that geographical area with respect to the delivery of those services in that area.
49.143(2)(c)
(c) Employ at least one financial and employment planner. The financial and employment planner shall work with a participant to facilitate the participant's achievement of the maximum degree of self-sufficiency. The department shall ensure that a financial and employment planner employed by a Wisconsin works agency meets certification and training requirements established by the department by rule and that appropriate training is provided by a Wisconsin works agency.
49.143(2)(cg)
(cg) Employ staff, if necessary, to meet the needs of participants who are refugees and who have cultural or linguistic barriers to participation in Wisconsin works.
49.143(2)(cm)
(cm) If a significant proportion of the population served by the Wisconsin works agency is comprised of a refugee group, employ staff that is proficient in the language of the refugee group to aid the financial and employment planner in locating appropriate employment opportunities that do not require English proficiency for participants who are members of that refugee group.
49.143(2)(cr)
(cr) Provide, or contract with another person to provide, credit establishment and credit repair assistance to participants. Prior to providing, or contracting with another to provide, the assistance specified under this paragraph, the Wisconsin works agency shall submit a proposed plan for the provision of that assistance to the department. The secretary shall submit each proposed plan to the cochairpersons of the joint committee on finance. If, within 14 days after receiving the proposed plans, the cochairpersons do not notify the secretary that the joint committee on finance has scheduled a meeting for the purpose of reviewing the proposed plans, the department shall direct each Wisconsin works agency that submitted proposed plans to implement the plans. If, within 14 days, the co-chairs notify the secretary that they have scheduled a meeting for the purpose of reviewing the proposed plans, no Wisconsin works agency may implement its plan until the joint committee on finance approves the plan. Every January 31, the department shall submit to the joint committee on finance a report specifying the total amount expended in the previous year for the provision of credit establishment and credit repair assistance under this paragraph.
49.143(2)(d)
(d) If the Wisconsin works agency is not a county department under
s. 46.215,
46.22 or
46.23 or tribal governing body, cooperate with the county department or tribal governing body to ensure that services delivered under Wisconsin works, the food stamp program and medical assistance are coordinated with the county or tribal governing body in a manner that most effectively serves the recipients of those services.
49.143(2)(e)
(e) To the extent permitted under federal law or waiver, certify eligibility for and issue food coupons to eligible Wisconsin works participants in conformity with
7 USC 2011 to
2029.
49.143(2)(em)
(em) Determine eligibility for child care assistance under
s. 49.155 and refer eligible families to county departments under
s. 46.215,
46.22 or
46.23 for child care services.
49.143(2)(f)
(f) Perform any other tasks specified by the department in the contract that the department determines are necessary for the administration of Wisconsin works.
49.143(2m)
(2m) Nutrition outreach. A Wisconsin works agency may establish a [a] nutrition outreach program with the community steering committee established under
sub. (2) (a). The Wisconsin works agency and community steering committee may coordinate with local food pantries and food banks and other interested parties to increase the supply of food available. Under the outreach program, the Wisconsin works agency may do anything that it determines would best effect the desired outcome of the program, including any of the following:
49.143 Note
NOTE: The bracketed "a" was inadvertently inserted by
1997 Wis. Act 236. Corrective legislation is pending.
49.143(2m)(a)
(a) Establish a local drop-off point for donated food.
49.143(2m)(b)
(b) Establish a hotline for information about the availability of food and the types of food to donate.
49.143(2m)(c)
(c) Coordinate with volunteer organizations for food collection activities.
49.143(2m)(d)
(d) Seek ongoing periodic commitments of donations from individuals, businesses, religious associations and civic groups.
49.143(2m)(f)
(f) Establish a subcommittee of the community steering committee that includes qualified aliens and that may do any of the following:
49.143(2m)(f)1.
1. Develop flyers identifying culture-specific foods and preferred packaging of donated food.
49.143(2m)(f)2.
2. Plan meal-oriented social events for mentors and qualified aliens.
49.143(2m)(g)
(g) Obtain culture-specific food from statewide food banks.
49.143(3)
(3) Performance standards. The department shall establish performance standards for the administration of Wisconsin works. If a Wisconsin works agency does not meet the standards established under this subsection, the department may withhold any or all payment from the Wisconsin works agency.
49.143(4)
(4) Audits. The department may require a Wisconsin works agency to submit to an independent annual audit paid for by the Wisconsin works agency.
49.143(5)(a)(a) In accordance with rules promulgated by the department, a Wisconsin works agency may request from any person any information that it determines appropriate and necessary for the administration of Wisconsin works. Any person in this state shall provide this information within 7 days after receiving a request under this paragraph. The Wisconsin works agency may extend the 7-day time limit for an individual for whom compliance with that limit would be unduly burdensome, as determined by the agency. The Wisconsin works agency may disclose information obtained under this paragraph only in the administration of Wisconsin works. The Wisconsin works agency shall keep all information that it receives regarding victims of domestic abuse strictly confidential, except to the extent needed to administer Wisconsin works.
49.143(5)(b)
(b) The department may request from any Wisconsin works agency any information that the department determines appropriate and necessary for the overall administration of Wisconsin works. A Wisconsin works agency shall provide the department with the requested information in the manner prescribed by the department by rule.
49.143(5)(c)
(c) The department may inspect at any time any Wisconsin works agency's records as the department determines is appropriate and necessary for the overall administration of Wisconsin works.
49.143(5)(d)
(d) The legislative audit bureau may inspect at any time any Wisconsin works agency's records as the legislative audit bureau determines appropriate and necessary. If, in inspecting a Wisconsin works agency's records, the legislative audit bureau inspects the records of individual participants, the legislative audit bureau shall protect the confidentiality of those records.
49.143(6)
(6) Geographical areas. The department shall determine the geographical area for which a Wisconsin works agency will administer Wisconsin works. Except for federally recognized American Indian reservations and in counties with a population of 500,000 or more, no geographical area may be smaller than one county. A geographical area may include more than one county. The department need not establish the geographical areas by rule.
49.143 History
History: 1995 a. 216,
289;
1997 a. 27,
36,
236,
318.
49.145
49.145
Wisconsin works; eligibility for employment positions. 49.145(1)(1)
General eligibility. In order to be eligible for Wisconsin works employment positions and job access loans for any month, an individual shall meet the eligibility requirements under
subs. (2) and
(3). The department may promulgate rules establishing additional eligibility criteria and specifying how eligibility criteria are to be administered. The department may promulgate rules establishing payment and reporting periods as needed to administer this subsection.
49.145(2)
(2) Nonfinancial eligibility requirements. An individual is eligible for a Wisconsin works employment position and a job access loan in a month only if all of the following nonfinancial eligibility requirements are met:
49.145(2)(c)
(c) The individual is a U.S. citizen or a qualifying alien, as defined by the department by rule.
49.145(2)(d)
(d) The individual has resided in this state for at least 60 consecutive days prior to applying under
s. 49.141 (3) and, unless the person is a migrant worker, has demonstrated an intent to continue to reside in this state.
49.145(2)(f)1.a.
a. Every parent in the individual's Wisconsin works group fully cooperates in good faith with efforts directed at establishing the paternity of any minor child of that parent regardless of whether the parent is the custodial or noncustodial parent of that child. Such cooperation shall be in accordance with federal law and regulations and rules promulgated by the department applicable to paternity establishment and may not be required if the parent has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.
49.145(2)(f)1.b.
b. Every parent in the individual's Wisconsin works group fully cooperates in good faith with efforts directed at obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible, regardless of whether the parent is the custodial or noncustodial parent of the minor child. Such cooperation shall be in accordance with federal law and regulations and rules promulgated by the department applicable to collection of support payments and may not be required if the parent has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.
49.145(2)(f)2.
2. An individual who is a member of a Wisconsin works group that fails 3 times to meet the requirements under
subd. 1. remains ineligible until all of the members of Wisconsin works group cooperate or for a period of 6 months, whichever is later.
49.145(2)(g)
(g) The individual furnishes the Wisconsin works agency with any relevant information that the Wisconsin works agency determines is necessary, consistent with rules promulgated by the department, within 7 working days after receiving a request for the information from the Wisconsin works agency. The Wisconsin works agency may extend the 7-day time limit for an individual for whom compliance with that limit would be unduly burdensome, as determined by the agency.
49.145(2)(h)
(h) The individual has made a good faith effort, as determined by the Wisconsin works agency on a case-by-case basis, to obtain employment and has not refused any bona fide offer of employment within the 180 days immediately preceding application.
49.145(2)(hm)
(hm) If the individual has applied for Wisconsin works within the 180 days immediately preceding the current application, the individual has cooperated with the efforts of a Wisconsin works agency to assist the individual in obtaining employment.
49.145(2)(i)
(i) The individual is not receiving supplemental security income under
42 USC 1381 to
1383c or state supplemental payments under
s. 49.77 and, if the individual is a dependent child, the custodial parent of the individual does not receive a payment on behalf of the individual under
s. 49.775. The department may require an individual who receives benefits under
s. 49.148 and who has applied for supplemental security income under
42 USC 1381 to
1383c to authorize the federal social security administration to reimburse the department for the benefits paid to the individual under
s. 49.148 during the period that the individual was entitled to supplemental security income benefits to the extent that retroactive supplemental security income benefits are made available to the individual.
49.145(2)(j)
(j) On the last day of the month, the individual is not participating in a strike.
49.145(2)(k)
(k) The individual applies for or provides a social security account number as required by the department.
49.145(2)(L)
(L) The individual satisfies other eligibility criteria established by the department by rule.
49.145(2)(m)
(m) The individual reports any change in circumstances that may affect his or her eligibility to the Wisconsin works agency within 10 days after the change.
49.145(2)(n)1.1. Except as provided in
subd. 4., beginning on the date on which the individual has attained the age of 18, the total number of months in which the individual or any adult member of the individual's Wisconsin works group has participated in, or has received benefits under, any of the following or any combination of the following does not exceed 60 months, whether or not consecutive:
49.145(2)(n)1.a.
a. The job opportunities and basic skills program under
s. 49.193. Active participation in the job opportunities and basic skills program begins to count toward the 60-month limit beginning on October 1, 1996.
49.145(2)(n)1.c.
c. Any program in this state or in any other state funded by a federal block grant for temporary assistance for needy families under title I of
P.L. 104-193, if the individual received benefits under that program that were attributable to funds provided by the federal government.
49.145(2)(n)2.
2. Except as provided in
subd. 4., in calculating the number of months in which the individual participated under
subd. 1., the Wisconsin works agency shall include any month in which any adult member of a Wisconsin works group participated in a Wisconsin works employment position, if the individual was a member of that Wisconsin works group during that month.
49.145(2)(n)3.
3. A Wisconsin works agency may extend the time limit under this paragraph only if the Wisconsin works agency determines, in accordance with rules promulgated by the department, that unusual circumstances exist that warrant an extension of the participation period.
49.145(2)(n)4.
4. In calculating the number of months under
subds. 1. and
2., a Wisconsin works agency shall exclude, to the extent permitted under federal law, any month during which any adult in the Wisconsin works group participated in any activity listed under
subd. 1. a. to
c. while living on a federally recognized American Indian reservation, in an Alaskan Native village or, in Indian country, as defined in
18 USC 1151, occupied by an Indian tribe, if, during that month, all of the following applied:
49.145(2)(n)4.a.
a. At least 1,000 individuals were living on the reservation or in the village or Indian country.
49.145(2)(n)4.b.
b. At least 50% of the adults living on the reservation or in the village or Indian country were unemployed.
49.145(2)(q)
(q) No other individual in the Wisconsin works group is a participant in a Wisconsin works employment position. This paragraph does not apply to an individual applying for a job access loan.
49.145(2)(rm)
(rm) The individual is not violating a condition of probation, extended supervision or parole imposed under federal or state law.
49.145(2)(s)
(s) The individual assigns to the state any right of the individual or of any dependent child of the individual to support or maintenance from any other person, including any right to amounts accruing during the time that any Wisconsin works benefit is paid to the individual. If a minor who is a beneficiary of any Wisconsin works benefit is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving a benefit under Wisconsin works, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of the Wisconsin works benefit in the amount that is the proportionate share of the minor receiving the benefit under Wisconsin works, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this paragraph remain assigned to the state until the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive benefits under Wisconsin works may be considered assigned to this state. Except as provided in
s. 49.1455, any money received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin works shall be paid to the individual applying for or participating in Wisconsin works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.
49.145(2)(v)
(v) The individual states in writing whether the individual has been convicted in any state or federal court of a felony that has as an element possession, use or distribution of a controlled substance, as defined in
21 USC 802 (6).
